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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: June 13, 2018 12:37 PM
From: Representative Sheryl M. Delozier
To: All House members
Subject: Legislation Addressing use of Medical Marijuana and Driving.
In the near future, I will introduce legislation to amend Titles 75 (Vehicles), 74 (Transportation), and 30 (Fish) in order to address patients using medical marijuana and operating a motor vehicle, a boat or an airplane. Under these statutes, it is unlawful to use a substance which is classified as a Schedule I drug. Marijuana is classified as a Schedule I drug.

Simply, my legislation exempts “medical marijuana” which is lawfully obtained from the prohibition in these statutes with respect to Schedule I drugs. Further, it provides that an individual may operate a motor vehicle, an aircraft, or a boat as long as safety is not impaired. In order to be found guilty of violating 75 PaCS 3802 Driving Under Influence of Alcohol or Controlled Substance, for example, an individual would have to use medical marijuana in such a way as to “impair the individual’s ability to safely drive, operate or be in actual physical control” of a motor vehicle. Driving while using medical marijuana, as long as the operation of the vehicle is done so safely, will be permitted.